Car Accident Lawsuit: How Does the Process Work in Florida?
The car accident lawsuit process in Florida typically involves sending a demand letter, filing a lawsuit, exchanging evidence during discovery, participating in settlement negotiations, and proceeding to trial if the case does not settle. Although most car accident lawsuits settle before trial, each stage plays an important role in determining the outcome of a claim. Under Florida Statute § 95.11, you have two years from the date of the accident to file a lawsuit.
At Todd Miner Law, we guide you through every stage of the lawsuit process, from developing a strong demand letter to preparing for the trial. Our legal team handles all communication, paperwork, and court strategy to protect your legal rights. If you are a car accident victim, call us at 407-894-1480 for a free consultation.
How Can You File a Traffic Accident Lawsuit in Florida?
To file a traffic accident lawsuit, seek immediate medical attention after the crash to create a clear record of your injuries and connect them to the accident. Seeking prompt care is also important because Florida’s no-fault PIP coverage generally requires medical attention within 14 days of the accident to qualify for benefits. Then, report the collision to the police to document the details and identify the at-fault driver.
If law enforcement does not investigate the crash at the scene, you must generally submit a Driver Report of Traffic Crash to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) within 10 days. This requirement applies to accidents involving injury, death, or apparent vehicle or property damage of at least $500.
You must also hire an experienced car accident lawyer who will protect your rights and handle every legal step carefully. At Todd Miner Law, we manage the entire lawsuit process on your behalf. After we review your case, we take the following steps to pursue the compensation:
1. Demand Letter
First, we prepare and send a formal demand letter to the at-fault driver’s insurance company. This letter outlines your injuries, medical expenses, lost income, and other factors that affect your car accident settlement payout, along with the total compensation you’re requesting. It also gives the insurance company a clear opportunity to resolve the case without going to court.
2. File a Lawsuit in Court
If the insurance company fails to respond to your demand in a timely and fair manner, our Orlando car crash attorneys will quickly file a lawsuit in court. After filing the lawsuit, our attorneys serve the complaint and summons on the defendant. The complaint outlines how the accident occurred, why the defendant is legally responsible, and your requested compensation. The defendant then has 20 days to file an answer, admit or deny the allegations, and raise any legal defenses before discovery.
3. Discovery
During discovery, both sides exchange documents, review evidence, submit written questions, and take depositions. This phase allows each party to evaluate the strengths and weaknesses of the case, clarify disputed facts, and gather information needed for settlement negotiations or trial preparation.
4. Settlement Discussions
The settlement process allows both sides to review the full scope of the evidence. During this step, our team carefully reviews every offer, highlights the long-term impact of your injuries, and works to secure a resolution that fully reflects the value of your case. However, if the other side refuses to settle for the full value of your claim, we will prepare your case for trial.
5. Trial
During the trial phase, we present clear medical evidence, expert analysis, and proof of the crash’s impact on your life. Moreover, our trial team develops a strategic case plan tailored to the specifics of your accident and presents it clearly to the judge or jury. However, if the court’s decision is unfair or based on legal mistakes, we may file an appeal for further review.
While every case is different, here’s a general estimate of how long each stage may take:
| Lawsuit Stage | Typical Duration |
|---|---|
| Demand Letter | 1–3 Months |
| File a Complaint and Serve Defendant | 2–8 Weeks |
| Discovery | 6–12 Months |
| Settlement / Mediation | 1–3 Months |
| Trial | 1–5 Days |
How Long Do You Have to File a Car Accident Lawsuit in Florida?
In most cases, you have two years from the date of the accident to file a car accident lawsuit in Florida. This deadline applies to accidents that occurred on or after March 24, 2023, under House Bill 837 (HB 837). The law amended Florida Statute § 95.11, reducing the statute of limitations for negligence claims from four years to two years.
If you fail to file your lawsuit before the deadline expires, the court will likely dismiss your case. As a result, you cannot recover compensation for medical expenses, lost wages, pain and suffering, and other damages.
Who Can File a Car Accident Lawsuit?
In Florida, injured drivers, passengers, pedestrians, parents of injured minors, surviving family members, and estates can file a car accident lawsuit. The right to sue usually depends on your role in the crash, injury severity, and whether your losses exceed PIP coverage, which only covers 80% of medical expenses and 60% of lost wages up to $10,000.
Here is when each person or party may have the right to file a lawsuit:
Directly Injured Victims
The most common plaintiff is the person physically injured in the crash. This may include a driver, a pedestrian, a cyclist, or a rideshare passenger. If another driver’s negligence caused your injuries, you may seek compensation for medical bills, lost wages, pain and suffering, and other losses.
Passengers
Passengers can file a lawsuit if they are injured in a crash caused by someone else, such as a driver of another vehicle or the driver of the car they were riding in. Since passengers rarely control how the crash happens, they often have strong claims when medical records and accident evidence support their injuries.
Serious Injury Claimants
Florida’s no-fault insurance system limits when injured people can sue after a car accident. Under Florida Statute § 627.737, you may pursue legal action if the crash causes a permanent injury, significant disfigurement, or loss of an important bodily function. This allows you to seek compensation beyond basic PIP benefits.
Family Members in Certain Cases
Family members may also have the right to file or support a claim in specific situations, such as:
- A spouse filing after a fatal crash
- A parent filing for an injured minor child
- Surviving relatives pursuing wrongful death damages
These claims depend on the relationship to the injured or deceased person and the type of damages being claimed.
The Estate of a Deceased Victim
If the crash results in death, the victim’s estate may also have a legal role in the case. In such cases, a personal representative can file a wrongful death claim on behalf of the estate. They can also pursue damages available to eligible surviving family members.
Property Owners
A person may also file a claim for vehicle or property damage, even if they were not physically injured. However, injury claims and property damage claims are usually handled separately.
How Can You Pursue Compensation Through a Third-Party Claim?
You can seek compensation through a third-party claim by showing that someone other than the at-fault driver contributed to the accident. This applies when another person, company, or entity acts carelessly and their actions contribute to the cause of your accident.
To pursue compensation, you must also gather evidence that shows how the third party contributed to the crash, such as:
- Accident scene photos
- Police report
- Witness statements
- Vehicle damage records
- Insurance details
After collecting the basic evidence, consult a personal injury attorney to review your case. Your lawyer can identify all at-fault parties, file a claim with the third party’s insurance company, and meet Florida’s filing deadline.
When Do Car Accident Cases Qualify for Punitive Damages?
Your car accident case may qualify for punitive damages if the other driver acted with gross negligence or intentional harm. These damages are not awarded in every case; they are reserved for conduct that goes beyond ordinary careless driving.
Under Florida Statute § 768.72, your attorney must ask the court for permission before adding punitive damages to the lawsuit. The judge reviews the evidence first to decide whether the claim meets Florida’s legal standard.
To prove gross negligence, you must present strong evidence such as surveillance camera recordings, dashcam footage, and witness statements. Collecting this type of evidence can be challenging, especially when you’re dealing with serious injuries. At Todd Miner Law, our personal injury attorneys gather the proof you need and handle the legal process required to formally submit it as part of your lawsuit. Contact us to recover the compensation for punitive damages.
How Does Fault Affect Your Car Crash Claim?
Under Florida’s modified comparative negligence rule, the amount you recover is reduced or eliminated based on your share of responsibility for the accident. This rule applies to all Florida negligence lawsuits filed on or after March 24, 2023.
If you are found partially responsible for a crash, your financial recovery will be reduced by the percentage of responsibility assigned to you. For example, if you are awarded $100,000 but found 20% responsible, your recovery would be reduced to $80,000.
However, if you are found more than 50% responsible for the accident, you cannot recover damages from the other party. Since liability directly affects the value of a claim, insurance companies often try to shift blame onto car accident victims. An insurer may argue that you were speeding, distracted, failed to obey traffic laws, or otherwise contributed to the collision.
In such cases, our Orlando car accident lawyer uses strong evidence to challenge these allegations and protect your right to compensation. Call us at 407-894-1480 for a free consultation.
Does Having a Criminal Record Impact Your Car Accident Lawsuit?
Yes, your criminal record can affect your Orlando car accident claim if it includes charges such as fraud, theft, or perjury. The defense attorney may use your criminal history to make you look less honest in front of a judge or jury. However, judges may exclude records that are not directly related to the personal injury case.
In addition, insurance companies may use your record during car accident settlement negotiations. Adjusters may argue that your past affects your credibility and use it to justify a lower offer. Still, your criminal record does not remove your right to file a claim or seek fair compensation. An experienced car accident attorney can help you present strong evidence and keep the focus on your injuries and losses.
How Can Social Media Posts Impact Your Auto Crash Lawsuit?
Even seemingly harmless social media posts can weaken your case if insurance companies or defense attorneys use them to argue that your injuries are less serious than claimed. They may review your photos, check-ins, comments, or tagged posts to find anything that downplays your pain or recovery.
Florida courts may also consider social media content as strong evidence, especially when it relates to your condition after the crash. To protect your case, avoid posting about:
- Your health
- Your activities
- Your medical treatment
- The accident
- The insurance claim
At Todd Miner Law, our auto accident attorneys help you review your online presence and identify posts that could weaken your case. We guide you on what to avoid and take action to prevent digital content from being misused in court. Call us now at 407-894-1480 to protect your legal rights.
Can You Appeal a Car Accident Lawsuit Decision in Florida?
Yes, you can appeal a car accident lawsuit decision in Florida if the trial involved serious legal errors. However, you cannot appeal just because you disagree with the verdict. Common reasons for an appeal may include:
- Incorrect jury instructions
- Misapplied laws
- Wrongly excluded evidence
- Legal mistakes that affected the outcome
Under Florida Rule of Appellate Procedure 9.110, you must file a Notice of Appeal within 30 days of the final judgment. The appellate court does not rehear the case or review new evidence.
Instead, it reviews the trial court’s decision to determine whether legal errors affected the result. Data shows that about 10% to 20% of appeals in Florida’s Courts of Appeal result in some form of relief. If successful, an appeal may lead to reduced damages, a corrected ruling, or a new trial.
Let Todd Miner Law Handle Your Car Accident Lawsuit — Get A Free Case Review Now!
Handling a car accident lawsuit alone can place an unnecessary burden on your recovery. You’re expected to collect evidence from the accident scene, submit legal documents on time, and respond to aggressive insurance adjusters. All of this happens while you deal with physical pain and emotional distress. Without legal support, you could lose your rights and miss out on the maximum compensation you’re entitled to.
At Todd Miner Law, our legal team builds and manages your case from day one while protecting your legal rights throughout the claims process. We use your medical records, witness statements, and crash details to fight for the maximum compensation. Additionally, we handle all insurer communication and prepare for trial if needed. Call us now at 407-894-1480 or visit us at 915 Outer Rd, Orlando, FL 32814 for a free consultation.
FAQs
Can Multiple Parties Be Sued in a Car Accident Claim?
Yes, you can sue multiple parties in a car accident claim under Florida law if each party’s negligence contributed to the crash. This often happens in multi-vehicle accidents or when a business or employer shares responsibility. As your case progresses, you may claim property damage liability and non-economic damages like pain and suffering.
How Long Do Car Accident Lawsuits Take to Settle?
Most car accident lawsuits in Florida settle within 9 to 24 months, but the exact timeline depends on the type of injury, duration of medical treatment, and legal complexity of your case. If your injuries are minor and treatment is short, your case may settle much sooner than average. In contrast, lawsuits that require a trial or expert review may significantly extend the litigation process.
Are Car Accident Settlements Higher Than Truck Accident Settlements?
No, truck accident settlements are often higher than car accident settlements due to the greater damage and injuries involved. Truck crashes often cause more severe injuries, increasing medical costs and recovery time. Additionally, the discovery process in truck accident cases often uncovers more evidence, which can strengthen your claim and increase your payout.
How Does a Car Accident Lawyer Assist With Legal Processes?
A car accident lawyer helps you file a strong lawsuit for maximum compensation. They handle every part of your case, including paperwork, deadlines, and communication with insurers. Additionally, they collect medical records, build a case, and guide you if the case reaches the appeals court. You can hire a legal team on a contingency fee basis, so they only get paid if you win.
How Much Does It Cost to File a Car Accident Lawsuit in Florida?
Filing a car accident lawsuit in Florida typically involves court filing fees, service costs, and other litigation expenses. However, most personal injury attorneys work on a contingency fee basis, so you generally do not pay attorney fees up front. The total cost depends on the complexity of the case.
Do Most Car Accident Lawsuits in Florida Settle or Go to Trial?
The majority of personal injury cases in Florida settle before reaching trial. Settlement negotiations often continue throughout the litigation process, allowing both parties to avoid the added time, expense, and uncertainty of a courtroom verdict. However, a case may proceed to trial when liability, damages, or settlement terms are disputed.
